Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621 File number: SAD 22 of 2015
Judge: BESANKO J
Date of judgment: 1 June 2016
Catchwords: INDUSTRIAL LAW – whether company contravened Fair Work Act 2009 (Cth) – whether company contravened Workplace Relations Act 1996 (Cth) – whether company contravened Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) – whether company contravened Notional Agreement Preserving a State Award derived from the Vehicle Industry (South Australia) Repair Service and Retail Award [AN150167 – SA] – where alleged contraventions concern minimum wages, casual loading, overtime, meal breaks, meal allowances, Saturday penalties, annual leave, annual leave loading, personal leave, record keeping and pay slips – consideration of applicable industrial instrument INDUSTRIAL LAW– whether director involved in company's contravention – Workplace Relations Act 1996 (Cth) s 728 – Fair Work Act 2009 (Cth) s 550
Legislation: Evidence Act 1995 (Cth) ss 69, 140, 147 Fair Work Act 2009 (Cth) ss 14, 44, 45, 99, 535, 536, 545, 546, 550, 700, 701 Fair Work Regulations 2009 (Cth) Part 3-6, Div 3, Subdivs 1, 2 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 16 item 5 Federal Circuit Court Act 1999 (Cth) s 39 Workplace Relations Regulations 2006 (Cth) regs 19.4, 19.20, Chapter 2, Part 19, Divs 3, 6 Workplace Relations Act 1996 (Cth) ss 6, 182, 185, 204, 205, 719, 728, Part 3 Sch 8 items 31, 32, 33
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